State v. McNeill

80 S.E.2d 680, 239 N.C. 679, 1954 N.C. LEXIS 626

• Court: Supreme Court of North Carolina
• Decided: March 17, 1954
• Docket: 217
• Status: Published

Opinion

Per Curiam.

Tbe ease was settled by agreement of counsel. All tbe evidence in tbe case is by question and answer, and not in narrative form, and therefore does not comply with Rule 19 (4), Rules of Practice in tbe Supreme Court, 221 N.C. 544, p. 556.

This Rule is mandatory, and may not be waived by tbe parties. S. v. Powell, 238 N.C. 550, 78 S.E. 2d 248; Casey v. R. R., 198 N.C. 432, 152 S.E. 38; Bank v. Fries, 162 N.C. 516, 77 S.E. 678. See also Pruitt v. Wood, 199 N.C. 788, 156 S.E. 126.

This mandatory Rule will be enforced by this Court ex mero motu. Anderson v. Heating Co., 238 N.C. 138, 76 S.E. 2d 458, and cases cited. “Tbe Court has not only found it necessary to adopt them (tbe Rules), but equally necessary to enforce them and to enforce them uniformly.” Pruitt v. Wood, supra, where many of our cases are cited in which appeals were disposed of for failure to comply with tbe Rules.

According to our decisions tbe judgment will be affirmed, and tbe appeal dismissed, as no error appears in tbe Record proper.

Judgment affirmed; appeal dismissed.